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(영문) 서울동부지방법원 2018.02.09 2017고단3181
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 22, 2017, around 22:20, the Defendant: (a) was in dispute with the victim E (43 years of age) expressed in telephone 40-gil-gu, Seongdong-gu, Seoul, about 40-ro 27-ro 27-ro Roon-ro, the Defendant got off the victim’s face by drinking, (b) five times the victim’s face by drinking, and (c) took one time the victim’s finger, and (d) sustained the victim’s left finger, and (e) sustained the victim’s loss, (e) the Defendant sustained about five weeks of the victim’s left finger, resulting in the victim’s injury, (e) the upper part of the water table 5-day labba, which requires the victim’s treatment for about five weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of injury diagnostic certificate (Evidence No. 47 pages);

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reviewing the sentencing criteria [the scope of recommending punishment] general injury (the scope of general injury) and the mitigation area (two months to one year) (the special mitigation person] is not subject to punishment;

2. Circumstances disadvantageous to the decision of sentence: The fact that the defendant committed the crime of this case even though he had been punished for the same kind of crime several times, and the extent of the injury of the victim is less and less favorable: The fact that the defendant is in depth and repent, and that the defendant has agreed with the victim.

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